Sauer v. Connelie

Mikoll, J.,

dissents and votes to reverse in the following memorandum; Main, J., not taking part. Mikoll, J. (dissenting). I respectfully dissent. Article 8 of the Retirement and Social Security Law is entitled "Policemen’s and Firemen’s Retirement System Act.” By definition contained in section 302 (subd 11, par a) of the Retirement and Social Security Law, "Police or fire service” includes "Service as an officer or member of the state police force in the executive department.” The various retirement plans for members of the Department of State Police are contained in article 8 of the…